 | Definitions: Agreement: the following Terms and Conditions to which you are bound once your order has been accepted by Webevents Ltd.
Services: the services as set out on the WebMags section of our website, and as defined in this Agreement
Terms: the Terms and Conditions as set out in this Agreement
Webevents Ltd: the company providing the Services to you.
You: the company, sole practitioner or individual who instructs Webevents Ltd with regards to the Services
Application and Variation of these Terms and Conditions (Terms)
These Terms are the terms on which we provide the Services to you. By using the Services you indicate your agreement to be bound by these Terms, whether or not you are a registered user of the Services. These Terms constitute the Agreement in its entirety and supersede prior Agreements. These Terms may vary from time to time and such new Terms will be published on this web site. Any use after that publication will constitute an acceptance of that modification.
Copyright
All work performed by Webevents Ltd is copyrighted by Webevents Ltd. You understand that you have rights only to web publication. Any other reproduction by means of printing and/or transferring to other media may be considered copyright infringement. Copyrights may be purchased outright by you or subject to limited use. You also understand that all works, expressly marked or not, are protected by copyright laws. Webevents Ltd will take no responsibility for ensuring material supplied by you has been authorised for reproduction. You further warrant that you either own or have properly licensed/obtained copyright(s) or copyright permission to any work which you have supplied for use/reproduction, and you agree to assume full legal and financial responsibility for any copyright suit or action which may take place regarding materials you have supplied. Disclaimer
The information provided here is done so in good faith, but comes with no guarantee of merchantability or fitness for any particular purpose, and no guarantee that the Services will meet specific client requirements.
Payment
All Webevents Ltd Agreements are for a minimum term of 12 months. The initial set up fee is payable in advance, followed by 12 monthly payments taken at the beginning of each month. Accounts are in default of payment if not received within 7 days after date of invoice. Accounts unpaid 60 days after date of invoice may have Services interrupted or terminated. Such interruption does not relieve you of the obligation to pay Services Agreement Monthly Fees. Accounts in default are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. You agree to pay Webevents Ltd its reasonable expenses, including legal and collection agency fees, incurred in enforcing its rights under this Agreement. Prices are exclusive of any taxes which may be levied or assessed upon the Services provided hereunder. Any such taxes shall be paid by you.
In all cases, Webevents Ltd will only begin work on your web development when the initial set up fee is paid in full. All clients have a 48 hour cooling-off period from the time that Webevents Ltd receives a credit card number or a signed order form. After that period, Webevents Ltd is unable to issue refunds for any services rendered. Payment by credit card is preferred. For VAT registered non-credit card holders, Webevents Ltd will invoice immediately with a copy of these Terms, payment details and a standing order form. Non-VAT registered companies who cannot pay by credit card will be invoiced immediately, with a copy of these Terms, payment details and a standing order form. Once payment has been confirmed, you will be contacted by a Client Services representative to begin work on the development. TRADE PRACTICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION WEBEVENTS LTD (a) MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING, AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Certain legislation may imply terms, warranties or conditions that cannot be excluded, restricted or modified. This Agreement must be read subject to those statutory provisions. However, where such provisions apply and Webevents Ltd is so entitled, Webevents Ltd hereby limits its liability to either of the following options at its sole election: (i) in the case of goods, the replacement of the goods or resupply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (ii) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
Services
For website packages, the full price includes the website build and one round of changes. Each subsequent change will be charged at £25 per hour or £25 per page. The first round of changes must be submitted within 7 days of the client's website being completed. Once we have received payment from you, we will contact you to discuss your content, and we will construct a website which will be available 7 days after payment. When we contact you to discuss your content, we will use this information to create some basic content: a home page, a product and services summary and contact details. This content is added as a temporary measure until you can provide your own content. Responsibility for providing content and images lies solely with the client. Webevents Ltd will make reasonable endeavours to ensure that Services are provided as described on the WebCreator section of the Webevents Ltd website, but because the Services are provided by means of computer and telecommunications systems, Webevents Ltd makes no warranties or representations that the Services will be uninterrupted or error-free. Whilst Webevents Ltd will register a domain name on your behalf, it is your responsibility to ensure that the domain name is correct. Webevents Ltd will not be held responsible if an incorrect domain name has been registered. The registration of the domain name shall, at all times, be subject to the terms and conditions from time to time in force of the relevant naming authority or registration agent. If you wish to view these terms and conditions, Webevents Ltd can refer you to the appropriate source. At your request, Webevents Ltd shall host an existing domain name owned by you, providing that you shall be solely responsible for the transfer of the existing domain name to the Webevents Ltd server, and for any fees payable to any third party in relation to such transfer. In order to effect the transfer, you shall provide Webevents Ltd with any information we require about your domain name.
Webevents Ltd can also provide a Search Optimisation Service, at an additional cost. This service comprises a content package and an inbound links package, and should help your website to achieve additional rankings, although Webevents Ltd cannot guarantee such rankings or the timescale in which they may occur. This service is available for both new and existing websites.
Web Hosting
Webevents Ltd will ensure that your site is hosted with a reputable host. Webevents Ltd will issue you with a username and password in order to access the account. You must take all reasonable steps to maintain the confidentiality of this username and password. If you reasonably believe that this information has become known to any unauthorised person, you agree to immediately inform Webevents Ltd so that the username and password can be changed. In no event will Webevents Ltd be liable to you for any indirect or consequential loss or damage as a result of disclosure of your username and password to any third party.
Website Statistics
Webevents Ltd will provide you with access to a web statistics package. You are responsible for viewing the statistics generated from the package, for which purpose you will be allocated a username and password. The conditions of use for your username and password set out in the Web Hosting section above apply equally to the web statistics username and password.
Search Engine Placement
Webevents Ltd will optimise your text to one keyword. It is your responsibility to select the keyword to be used. Actual placement in a search engine is dependent upon the keyword as described by you and Webevents Ltd cannot guarantee that your website will be ranked in any specific position in any search engine. You are welcome to monitor your ranking in the search engines and change your site content at any time to improve your ranking.
Publicity
By accepting this Agreement you acknowledge and automatically authorise Webevents Ltd to use your name and logo for the express and sole purpose of identifying you as a client of Webevents Ltd in its Marketing material, both Print and Electronic. You automatically authorise Webevents Ltd to create a hyperlink from your web site to Webevents Ltd web sites. You may elect to withdraw your permission for the use of same, but must do so in writing with 30 days notification for withdrawal of any material from the commercial domain.
Term
This Agreement becomes effective on the date Webevents Ltd receives your initial order. The Agreement shall continue for 12 months, unless otherwise specified within your order, and can be cancelled by either party in writing at any time. If, at the time of cancellation, you have monies outstanding to Webevents Ltd for the remainder of your 12 month period you are obliged to pay them in full.
Returns & Refunds
By accepting this Agreement, you agree to pay Webevents Ltd the amount specified on the signed order form. We regret that we cannot refund any proportion of this fee for early cancellation or any part thereof of the pre-paid 12 month licence fee. When your original 12 month period expires, you may renew for a further 12 months, to which the above refund policy also applies.
Warranty - limitation
To the extent permitted by applicable law, all warranties, including but not limited to warranties of merchantability and fitness for a particular purpose, are hereby excluded. The liability of Webevents Ltd, if any, for damages relating to the provision of advice, services, or products will, to the extent permitted by law, be limited to the actual price paid by the purchaser for such advice, services, or products and will in no event include incidental, indirect, special or consequential damages of any kind.
IN NO EVENT SHALL WEBEVENTS LTD BE LIABLE TO ANY END-USER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
All software and hardware may have errors, and therefore the use of the Products must be by skilled and suitably trained personnel who can verify the results of use to be accurate. Webevents Ltd supplies the Products "as is" without warranty as to the correctness, completeness or accuracy of the results of use, or as to any benefits of use of any nature. No oral advice or written information given by Webevents Ltd, its employees, licensors or the like shall create a warranty; nor shall you rely on any such advice.
Trademarks and Intellectual Property Rights
Intellectual Property Rights. Webevents Ltd is the sole and exclusive owner of the Services and products and the underlying software code and all Intellectual Property Rights in relation to the Services and products. All Improvements to the Services and products, will remain the property of Webevents Ltd. For the purpose of clarification, components created solely within the Webevents Ltd Professional environment and “plug in” modules which can operate within the Webevents Ltd Professional environment are not generally included in the definition of Improvements.
Trademarks. Webevents Ltd shall have and retain sole ownership of the Trademarks, including the goodwill pertaining thereto.
No Copying, etc. Any licensee shall refrain from copying, reverse engineering, disassembling, decompiling, translating, or modifying the Products, or granting any other person or entity the right to do so.
Acceptable Use Policy
You accept sole responsibility for providing content for your digital magazine and any other connected communications. You are responsible for ensuring that content is not illegal, deceptive; inaccurate; defamatory; pornographic, obscene or sexually explicit; discriminatory to any race, ethnic group, religion, or sect; discriminatory or offensive to the disabled or any physically, socially or economically disadvantaged community sector; discriminatory against any persons of a particular gender or sexual persuasion; discriminatory against any professional or trade group; offensive, or derogatory to any person or persons; or likely to in any way interfere with or harm the business of any person or entity or to interfere in any way with the natural course of business. You further warrant that nothing within your digital magazine shall be published in breach of copyright or patent laws; contrary to the terms of any binding Non-Disclosure or Confidentiality Agreement; in breach of any Privacy Act.
You agree not to use any services supplied by Webevents Ltd for, or in connection with, any "spamming" activity or any other illegal or unethical marketing practice. You will accept all responsibility and liability for content posted on your digital magazine. Webevents Ltd accepts no liability for any content published in your digital magazine and if any Court proceedings are brought against Webevents Ltd for any content published on a your digital magzine, You will be liable for all court costs and legal representation costs associated with the Court proceedings.
Terminations and Suspension of Service
Webevents Ltd may, but shall not be obligated to, immediately and without notice, terminate the provision of services to you and remove your digital magazine in the event that you are found to have breached any provision of law by the publication of such site, or to have engaged in illegal practices, illegal sale of goods, dangerous, offensive or harmful activities, or if you have incurred a debt with Webevents Ltd and such termination may take place immediately on detection of such conduct and without notice to you. You acknowledge that you shall have no remedy or recourse against Webevents Ltd, nor shall you be granted the right to cure, except at the sole discretion of the management of Webevents Ltd.
Webevents Ltd may disconnect the provision of Services without liability on its part for operational reasons or for the purposes of carrying out work at the Premises, or maintaining or upgrading its systems. It may also terminate the Services to comply with a legal order or request from an emergency service, governmental or other authority. In such circumstances, whilst Webevents Ltd would endeavour to give you prior notice of termination, we may be unable to do so and are not obliged to do so.
Upon termination under this Clause, Webevents Ltd shall have the right to delete and/or destroy any and all digital magazine content and information contained in your account, without accounting to you for such destruction. You shall have no redress in respect of loss or claimed loss of intellectual property business assets or loss or claimed loss of trade, or in respect of any other loss caused or claimed to be caused by or as a result of such deletion or destruction.
In the event of termination occurring under the terms of this provision, Webevents Ltd shall be entitled to receive payment from you for services for the Term of Agreement currently in force at the time of such termination.
You expressly waive any statutory or legal rights which conflict with the provisions of this Clause.
Assignment
Webevents Ltd may assign or otherwise transfer this Agreement at any time. You may not assign or otherwise transfer this Agreement or any part of it without the written consent of Webevents Ltd.
Trade
You agree to comply with all requirements for the conduct of business applicable to persons conducting business both in the United Kingdom, and in your country of residence. You agree not to breach any export law or trade restriction by the sale or supply of goods or services on your site.
This Agreement and documents expressed by this Agreement to be incorporated within the Agreement constitutes the entire understanding between Webevents Ltd and you, the client and save in respect of fraudulent statements, supersedes all prior agreements, arrangements, understandings and representations, whether oral, written or otherwise, made by or between Webevents Ltd and you.
Date: September 2006
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